Clinton Emails Candal
Clinton Emails Candal
Clinton Emails Candal
1 Background
1.1 BlackBerry phones
Prior to her appointment as Secretary of State, Clinton
and her circle of friends and colleagues communicated
via BlackBerry phones.[2] State Department security personnel suggested this would pose a security risk during
her tenure.[3] The email account used on Clintons BlackBerry was then hosted on a private server in the basement of her home in Chappaqua, New York, but that information was not disclosed to State Department security personnel or senior State Department personnel.[4] It
proved impractical to nd a solution, even after consulting the National Security Agency, which would not have
allowed Clinton to use her BlackBerry, or a similarly unsecured device, linked to a private server in her home.[5]
Setting up a secure desktop computer in her oce was
suggested, but Clinton was unfamiliar with their use[6]
and opted for the convenience of her BlackBerry,[7] not
the State Department, government protocol of a secured
desktop computer. Eorts to nd a secure solution were
abandoned by Clinton,[5] and she was warned by State
Department security personnel about the vulnerability of
an unsecured BlackBerry to hacking.[8] She armed her
knowledge of the danger, and was reportedly told that the
Bureau of Diplomatic Security had obtained intelligence
about her vulnerability while she was on a trip to Asia,
but continued to use her BlackBerry outside her oce.[9]
Chappaqua, New York, until 2013, when it was sent to lease her emails.[32] Some in the media labeled the cona data center in New Jersey before being handed over troversy emailgate.[33][34][35]
to Platte River Networks, a Denver-based information
technology rm that Clinton hired to manage her email
system.[15][16][17][18][19]
1.3
Initial awareness
3
of a scenarioshort of nuclear winterwhere an agency
would be justied in allowing its cabinet-level head ocer to solely use a private email communications channel
for the conduct of government business.[30][40][41] Baron
told the Senate Judiciary Committee in May 2015 that
any employees decision to conduct all email correspondence through a private email network, using a non-.gov
address, is inconsistent with long-established policies and
practices under the Federal Records Act and NARA regulations governing all federal agencies.[42]
Clinton campaign spokesman Brian Fallon issued a statement saying: The report shows that problems with
the State Departments electronic record-keeping systems were long-standing and that Clinton took steps
that went much further than others to appropriately preserve and release her records.[43] However, the Associated Press said, The audit did note that former Secretary of State Colin Powell had also exclusively used
a private email account.... But the failings of Clinton were singled out in the audit as being more serious than her predecessor.[55] The report stated that By
Secretary Clintons tenure, the departments guidance
2.1 May 2016 report from State Depart- was considerably more detailed and more sophisticated,
Secretary Clintons cybersecurity practices accordingly
ments inspector general
must be evaluated in light of these more comprehensive
directives.[55]
In May 2016, the Departments Oce of the Inspector
General Steve Linick released an 83-page report about
the State Departments email practices.[43][44][45] The Inspector General was unable to nd evidence that Clinton 3 Server security and hacking athad ever sought approval from the State Department sta
tempts
for her use of a private email server, determining that
if Clinton had sought approval, Department sta would
have declined her setup because of the security risks in In 2008, before Hillary Clinton became Secretary of
doing so.[43] Aside from security risks, the report stated State, Justin Cooper, a longtime aide to Clintons husthat, she did not comply with the Departments poli- band, former President Bill Clinton, managed the syscies that were implemented in accordance with the Fed- tem. Cooper had no security clearance or expertise in
eral Records Act,[46] The report also stated that, unlike computer security.[56] Later, Bryan Pagliano, the former
the other Secretaries of State involved, she and her aides IT director for Clintons 2008 presidential campaign, was
refused to cooperate with the investigation.[43] Each of hired to maintain their private email server while Clinthese ndings contradicted what Clinton and her aides ton was Secretary of State.[57][58] Pagliano had invoked
had been saying up to that point.[47][48][49]
the Fifth Amendment during congressional questioning
about
Clintons server. In early 2016, he was granted imThe report also reviewed the practices of several previous
munity
by the Department of Justice in exchange for coSecretaries of State and concluded that the Departments
operation
with prosecutors.[59] A Clinton spokesman said
[43]
recordkeeping practices were subpar for many years.
Pagliano was now cooperatThe Inspector General criticized Clintons use of private her campaign was pleased
[60]
ing
with
prosecutors.
As
of
May 2016, the State Deemail for Department business, concluding that it was
partment remained unable to locate most of Paglianos
not an appropriate method of document preservation
emand did not follow Department policies that aim to com- work-related emails from the period when he was[61]
ployed by that department under Secretary Clinton.
[43]
ply with federal record laws. The report also criticized
Colin Powell, who used a personal email account for Security experts such as Chris Soghoian believe that
business, saying that this violated some of the same De- emails to and from Clinton may have been at risk of
partment policies.[43] State Department spokesman Mark hacking and foreign surveillance.[62] Marc Mairet, a
Toner said that the report emphasized the need for federal cybersecurity expert, said that the server had amateur
agencies to adapt decades-old record-keeping practices hour vulnerabilities.[63] For the rst two months after
to the email-dominated modern era and said that the De- Clinton was appointed Secretary of State and began acpartments record-retention practices had been improved cessing mail on the server through her Blackberry, transunder the current Secretary of State John F. Kerry, Clin- missions to and from the server were apparently not entons successor.[43] The report also notes that the rules for crypted. On March 29, 2009, a digital certicate" was
preserving work-related emails were updated in 2009.[50] obtained which would have permitted encryption.[9]
Inspector General Linick wrote that he found no evidence that sta in the Oce of the Legal Adviser reviewed or approved Secretary Clintons personal system,
and also found that multiple State employees who raised
concerns regarding Clintons server were told that the Ofce of the Legal Adviser had approved it, and were further told to never speak of the Secretarys personal email
system again.[51][52][53][54]
4.2
FBI investigation
5
partment of Justice, as well as thumb drives containing
copies of her work-related emails. Other emails were obtained by the United States House Select Committee on
Benghazi from other sources, in connection with the committees inquiry. Clintons own emails are being made
public in stages by the State Department on a gradual
schedule.[105][106][107]
Clintons IT contractors turned over her personal email
server to the FBI on August 12, 2015,[19] as well as thumb
drives containing copies of her emails.[108][109] In a letter
describing the matter to Senator Ron Johnson, Chairman
of the Senate Homeland Security Committee, Clintons
lawyer David E. Kendall said that emails, and all other
data stored on the server, had earlier been erased prior to
the device being turned over to the authorities, and that
both he and another lawyer had been given security clearances by the State Department to handle thumb drives
containing about 30,000 emails that Clinton subsequently
also turned over to authorities.[110] Kendall said the thumb
drives had been stored in a safe provided to him in July
by the State Department.[110][110]
4.2
FBI investigation
In May 2016, FBI Director James Comey said that Clintons description of the probe as a security inquiry was
The State Department and Intelligence Community (IC)
inaccurate saying Its in our name. I'm not familiar with
inspector generals discovery of four emails containing
the term 'security inquiry'" and We're conducting an inclassied information, out of a random sample of 40,
vestigation ... Thats what we do.[120]
prompted them to make a security referral to the FBIs
counterintelligence oce, to alert authorities that classi- In July 2016, the New York Times reported in the name
ed information was being kept on Clintons server and of a Justice Department ocial that Attorney Genby her lawyer on a thumb drive.[91][92] As part of an FBI eral Loretta Lynch will accept whatever recommendaprobe at the request of the IC inspector general, Clin- tion career prosecutors and the F.B.I. director make about
ton agreed to turn over her email server to the U.S. De- whether to bring charges related to Hillary Clintons per-
sonal email server, and added that The F.B.I. is investigating whether Mrs. Clinton, her aides or anyone else
broke the law by setting up a private email server for her
to use as secretary of state. [121]
4.3
Richard Lempert, in an analysis of the Clinton email controversy published by the Brookings Institution, wrote
that security professionals have a reputation for erring
in the direction of overclassication.[122] Elizabeth
Goitein, co-director of the liberty and national security program at the Brennan Center for Justice at New
York University School of Law, says that The odds are
good that any classied information in the Clinton emails
should not have been classied, since an estimated 50
percent to 90 percent of classied documents could be
made public without risking national security.[122] Nate
Jones, an expert with the National Security Archive at
George Washington University, said: Clintons mistreatment of federal records and the intelligence communitys
desire to retroactively overclassify are two distinct troubling problems. No politician is giving the right message:
Blame Clinton for poor records practices, but don't embrace overclassication while you do it.[122]
According to the New York Times, if Clinton was a recipient of classied emails, it is not clear that she would have
known that they contained government secrets, since they
were not marked classied.[1][91] The newspaper also reported that most specialists believe the occasional appearance of classied information in the Clinton account
was probably of marginal consequence.[13] Steven Aftergood, director of the Project on Government Secrecy
at the Federation of American Scientists, said that inadvertent spillage of classied information into an unclassied realm is a common occurrence.[13]
An August 2015 review by Reuters of a set of released
emails found at least 30 email threads from 2009, representing scores of individual emails, that include what
the State Department identies as foreign government
information, dened by the U.S. government as any information, written or spoken, provided in condence to
U.S. ocials by their foreign counterparts.[1] Although
unmarked, Reuters examination appeared to suggest that
these emails were classied from the start.[1] J. William
Leonard, a former director of the NARA Information
Security Oversight Oce, said that such information is
born classied and that If a foreign minister just told
the secretary of state something in condence, by U.S.
rules that is classied at the moment its in U.S. channels
and U.S. possession.[1] According to Reuters, the standard U.S. government nondisclosure agreement warns
people authorized to handle classied information that it
may not be marked that way and that it may come in oral
form.[1] The State Department disputed Reuters analysis but declined to elaborate.[1]
The Associated Press reported that Some ocials
said they believed the designations were a stretch
a knee-jerk move in a bureaucracy rife with overclassication.[93] Jerey Toobin, in an August 2015 New
Yorker article, wrote that the Clinton email aair is an illustration of overclassication, a problem written about
by Senator Daniel Patrick Moynihan in his book Secrecy:
The American Experience.[88] Toobin writes that government bureaucracies use classication rules to protect turf,
to avoid embarrassment, to embarrass rivalsin short,
for a variety of motives that have little to do with national
security.[88] Toobin wrote that Its not only the public
who cannot know the extent or content of government
secrecy. Realistically, government ocials cant know
eitherand this is Hillary Clintons problem.[88] Toobin
noted that one of Clintons potentially classied email
exchanges is nothing more than a discussion of a newspaper story about drones" and wrote: That such a discussion could be classied underlines the absurdity of the
5.3
Republican response
5.2
Democratic response
the George W. Bush administration in 2007 for its secret White House email accounts.[159]
the public eye by willfully avoiding freedom of information laws. No president, no secretary of state, no public
ocial at any level is above the law. She chose to ignore it, and must face the consequences.[161][162] PascalEmmanuel Gobry wrote in The Week that Clinton set up
a personal email server, in deance or at least circumvention of rules, with the probable motive of evading federal
records and transparency requirements, and did it with
subpar security.[163]
5.5
Media commentators have drawn comparisons of Clintons email usage to past political controversies.[156] Pacic Standard Magazine published an article in May 2015,
comparing email controversy and her response to it with
the Whitewater investigation 20 years earlier.[157]
In August 2015, Washington Post associate editor and
investigative journalist Bob Woodward, when asked
about Clintons handling of her emails, said they remind him of the Nixon tapes from the Watergate scandal.[158] On March 9, 2015, columnist Dana Milbank
wrote that the email aair was a a needless, self-inicted
wound brought about by debilitating caution in trying
to make sure an embarrassing e-mail or two didn't become public, which led to obsessive secrecy. Milibank
pointed out that Clinton herself had justiably criticized
On June 22, 2015, the Benghazi panel released emails between Clinton and Sidney Blumenthal, who had been recently deposed by the committee. Committee chairman
Gowdy issued a press release criticizing Clinton for not
providing the emails to the State Department.[167] Clinton had said she provided all work-related emails to the
State Department, and that only emails of a personal nature on her private server were destroyed. The State Department conrmed that 10 emails and parts of ve others
from Sidney Blumenthal regarding Benghazi, which the
Committee had made public on June 22, could not be located in the Departments records, but that the 46 other,
previously unreleased Libya-related Blumenthal emails
published by the Committee, were in the Departments
records. In response, Clinton campaign spokesman Nick
Merrill, when asked about the discrepancy said: She has
turned over 55,000 pages of materials to the State Department, including all emails in her possession from Mr.
9
Blumenthal.[168]
Republican Committee members were encouraged about
their probe, having found emails that Clinton did
not produce.[168][169] Clinton campaign sta accused
Gowdy and Republicans of clinging to their invented
scandal.[169]
6.2
Allegations of politicization
6.3
email server.[179] The email issue did arise shortly before lunch, in a shouting match between Republican
committee chair Trey Gowdy and two Democrats, Adam
Schi and Elijah Cummings.[179] Late in the hearing,
Representative Jim Jordan, Republican of Ohio, accused
Clinton of changing her accounts of the email service,
leading to a heated exchange in which Clinton repeated that she had made a mistake in using a private
email account, but maintained that she had never sent or
received anything marked classied and had sought to be
transparent by publicly releasing her emails.[179]
10
7.3
7.2
In 2015, Judicial Watch and the Cause of Action Institute led two lawsuits seeking a court order to compel
the Department of State and the National Archives and
Records Administration to recover emails from Clintons
server. In January 2016, these two suits (which were consolidated because they involved the same issues) were dismissed as moot by U.S. District Judge James Boasberg,
because the government was already working to recover
[220]
The emails showed that Blumenthal communicated with and preserve these emails.
Clinton while Secretary on a variety of issues including In March 2016, the Republican National Committee led
four new complaints in the U.S. District Court for the
Benghazi.[143][210][211][212]
Over the next several months, the State Department completed production of 30,068 emails, which were released
in 14 batches, with the nal batch released on February
29, 2016.[207] Both the Wall Street Journal and Wikileaks
independently set up search engines for anyone who
would like to search through the Clinton emails released
by the State Department.[208][209]
11
District of Columbia stemming from Freedom of Infor- [11] Who Is Eric Hoteham? Clinton Private Server Listed
Under Mysterious, Untraceable Name CBS DC.
mation Act requests it had led the previous year. These
Washington.cbslocal.com. March 4, 2015. Retrieved
new lings brought the total number of civil suits over
April 1, 2015.
access to Clintons records pending in federal court to at
[221]
least 38.
[12] Sick, Gary (March 9, 2015). 5 questions: The Clinton
email Tarini Parti. Politico.com. Retrieved April 1,
In June 2016, in response to the Republican National
2015.
Committees complaints led on March 2016, the State
Department claims it will take 75 years to complete [13] Scott Shane and Michael S. Schmidt (August 8, 2015).
the review of documents which are responsive to the
Hillary Clinton Emails Take Long Path to Controversy.
complaints.[222] It has been observed that a delay of this
The New York Times. Retrieved August 8, 2015.
nature would cause the documents to remain out of public
view longer than the vast majority of classied documents [14] The Facts About Hillary Clintons Emails, The Brieng,
hillaryclinton.com: The server for her email was physiwhich must be declassied after 25 years,
cally located on her property, which is protected by U.S.
Secret Service. Retrieved August 17, 2015
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committee on Benghazi"". Washington Post. October 22, [199] Judicial Watch Releases Clinton Email Deposition Testi2015. Retrieved October 23, 2015.
mony of Karin Lang, Director, Executive Secretariat Sta
17
[200] Gerstein, Josh (June 9, 2016). Clinton BlackBerry photo [218] Josh Gerstein, Feds move to consolidate lawsuits over
led to State ocials query about email account. Politico.
Hillary Clinton emails, Politico (September 1, 2015).
Retrieved June 11, 2016.
[219] Byron Tau, Court Declines to Consolidate Clinton Emails
Lawsuits, Wall Street Journal (October 8, 2015).
[201] Margaret Brennan & Paula Reid, State Dept. to comply
with court order on Hillary Clintons emails, CBS News
[220] Judge dismisses pair of lawsuits arising from Clinton
(May 19, 2015).
emails, Associated Press (January 11, 2016).
[202] Josh Gerstein, Feds ght Hillary Clinton-focused email
[221] Michael Biesecker, GOP Files More Lawsuits Seeking
lawsuit, Politico (March 28, 2015).
Hillary Clinton Records, Associated Press (March 15,
2016).
[203] Joint Status Report Regarding Schedule (led March 27,
2015) (Plainti Jason Leopold initiated this Freedom of
Information Act ('FOIA') lawsuit against Defendant U.S. [222] Tau, Byron. Estimate of 75 Years to Release Clinton
Aides Email Not an Outlandish Estimation". WSJ. ReDepartment of State on January 25, 2015. (ECF No.
trieved 2016-06-08.
1). The Department of State answered the complaint on
March 2, 2015. (ECF No. 7).).
[204] Margaret Brennan & Paula Reid, State Dept. to comply
with court order on Hillary Clintons emails, CBS News
(May 19, 2015).
9 External links
[205] Andrew Zajac & Billy House, Judge orders rolling release
of Clintons State Department e-mail, Bloomberg News
(May 20, 2015).
[206] Jason Leopold, Judge Orders State Department to Release Clinton Emails on Rolling Basis, Vice News (May
19, 2015).
[207] Steven Lee Myers & Julie Hirschfeld Davis, Last Batch
of Hillary Clintons Emails Is Released, New York times
(February 29, 2016).
[208] Search Hillary Clintons Emails, Wall Street Journal, accessed April 17, 2016.
[209] WikiLeaks publishes searchable archive of Clinton
emails, Washington Examiner, accessed May 9, 2016.
[210] Baker, Peter & Steve Ederjune, New Trove of Hillary
Clintons Emails Highlights Workaday Tasks at the State
Department, New York Times (June 30, 2015).
[211] Emily Schultheis & Lauren Fox, State Department Releases More Hillary Clinton Emails, National Journal
(July 31, 2015).
[212] Anita Kumar, Greg Gordon & Marisa Taylor,
Investigators now examining 305 Clinton emails for
classied information, McClatchy Washington Bureau
(August 17, 2015).
[213] Associated Press, Associated Press sues State Department
for Hillary Clinton emails (March 11, 2015).
[214] Complaint, Associated Press v. U.S. Department of State
(led March 11, 2015).
[215] Eric Tucker, Clinton records: Judge sets schedule for release to AP, Associated Press (August 7, 2015).
[216] Josh Gerstein, Judge slams State Department over Hillary
Clinton-related records, Politico (July 20, 2015).
[217] David Francis, Judge: The 'Least Ambitious Bureaucrat
Could Process Clintons Personal Emails Faster, Foreign
Policy (July 30, 2015).
18
10
10
10.1
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